Madras High CourtCMA(MD)/720/2010dismissed

Vadivalagan v. V.Selvaraj,

2021-02-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Second day of February Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.720 of 2010 VADIVALAGAN, ... Appellant Vs 1 V.SELVARAJ, OWNER T.N.59X 1869 LORRY, S/O.VEERAPPAN,, KUPPAKUDY POST, ALANGUDY TALUK,, PUDUKKOTTAI DISTRICT.

2 BRANCH OFFICE NATIONAL INSURANCE CO. LTD., PUDUKKOTTAI.

... Respondents Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Additional District Judge Cum Chief Judicial Magistrate, Pudukottai dated 04/07/2021 made in M.C.O.P.No.254 of 1999. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr. V. KALYANASUNDARAM, Advocate for the Appeallant and of Mr. S. SRINIVASA RAGHAVAN, Advocate for the Second respondent and the First Respondent dismissed vide Court Order dated 29.11.2017, this Court doth order and decree as follows:-

(1) That the award passed by the Additional District Judge Cum Chief Judicial Magistrate, Pudukottai dated 04/07/2001 made in M.C.O.P.No.254 of 1999, be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the 2nd Respondent/Insurance Company, be and hereby is directed to deposit the entire award amount with accrued interest and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order.

(3) That on such deposit being made, the Appellant/claiment be and are hereby is permitted to withdraw the award amount so deposited, by making necessary application before the Tribunal. https://hcservices.ecourts.gov.in/hcservices/

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Additional District Judge Cum Chief Judicial Magistrate, Pudukottai Copy to:

The Section Officer,(2C) V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-3378 dated 04/02/2021 ) ORDER DATED : 02/02/2021 ========================== DECREE ========================== CMA(MD). No.720 of 2010 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Addl.District judge cum CJM Pudukottai,dated 04/07/2001 in MCOP.No.254/1999.

KB(25.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/